Tortious interference in Florida

Elements

1. 1

   Protected relationship or expectancy

   A contract, or a business relationship with a reasonable probability of future economic benefit.

2. 2

   Knowledge

   The defendant knew about that relationship.

3. 3

   Intentional interference

   The defendant deliberately and unjustifiably caused a breach or a break-up of the relationship.

4. 4

   Damage

   The plaintiff lost the deal, the customer, or the economic benefit.

Burden of proof

Preponderance of the evidence. Some jurisdictions require a higher showing of malice or lack of justification.

A Florida fact pattern

A Sarasota yacht broker has a handshake-plus-emails deal with a buyer on a 48-foot convertible. A rival broker, knowing the deal is teed up, tells the seller the first buyer is “a tire-kicker” and walks in a higher offer contingent on killing the first contract. If the original relationship was sufficiently definite, and the interference was intentional and unjustified, that is the Florida pattern: relationship, knowledge, intentional interference, damage.